The Supreme Court offered its first opinions of the new year yesterday, and Justice Brett Kavanaugh broke the ice with his first signed ruling—unanimously writing in support of arbitration. But there was a second opinion issued—and we solve the mystery of how a non-Supreme Court clerk or regular member of the Supreme Court bar got the argument assignment from Justice Clarence Thomas. Plus: Justice Stephen Breyer provides some insight into why using the word “overruled” is disfavored even if true. Thanks for reading Supreme Court Brief. We welcome comments and tips at [email protected] and [email protected].
Why Justices Might Eschew Using ‘Overruled’
Have you ever wondered why a Supreme Court decision that repudiates the legal reasoning of a precedent doesn’t use the magic word “overruled”? Justice Stephen Breyer offered some thoughts on that Tuesday.
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